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An Examination into the Leading
Principles of the Federal Constitution |
[From Pamphlets
(October 10, 1787), pp. 58-61. Reprinted from: Philip Kurland and
Ralph Lerner, Editors, The Founders Constitution (Chicago:
University of Chicago Press, 1986), Ch. 16 (17)]
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"Let the people have
property, and they will have power -- a power that will for ever
be exerted to prevent a restriction of the press, and abolition of
trial by jury, or the abridgement of any other privilege....
Wherever we cast our eyes, we see this truth, that property is the
basis of power; and this, being established as a cardinal point,
directs us to the means of preserving our freedom."
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In America, we begin our empire with more popular privileges than the
Romans ever enjoyed. We have not to struggle against a monarch or an
aristocracy--power is lodged in the mass of the people.
On reviewing the English history, we observe a progress similar to that
in Rome--an incessant struggle for liberty from the date of Magna
Charta, in John's reign, to the revolution. The struggle has been
successful, by abridging the enormous power of the nobility. But we
observe that the power of the people has increased in an exact
proportion to their acquisitions of property. Wherever the right of
primogeniture is established, property must accumulate and remain in
families. Thus the landed property in England will never be sufficiently
distributed, to give the powers of government wholly into the hands of
the people. But to assist the struggle for liberty, commerce has
interposed, and in conjunction with manufacturers, thrown a vast weight
of property into the democratic scale. Wherever we cast our eyes, we see
this truth, that property is the basis of power; and this, being
established as a cardinal point, directs us to the means of preserving
our freedom. Make laws, irrevocable laws in every state, destroying and
barring entailments; leave real estates to revolve from hand to hand, as
time and accident may direct; and no family influence can be acquired
and established for a series of generations--no man can obtain dominion
over a large territory--the laborious and saving, who are generally the
best citizens, will possess each his share of property and power, and
thus the balance of wealth and power will continue where it is, in the
body of the people.
A general and tolerably equal distribution of landed property is the
whole basis of national freedom: The system of the great Montesquieu
will ever be erroneous, till the words property or lands in fee
simple are substituted for virtue, throughout his Spirit of Laws.
Virtue, patriotism, or love of country, never was and never will
be, till mens' natures are changed, a fixed, permanent principle and
support of government. But in an agricultural country, a general
possession of land in fee simple, may be rendered perpetual, and the
inequalities introduced by commerce, are too fluctuating to endanger
government. An equality of property, with a necessity of alienation,
constantly operating to destroy combinations of powerful families, is
the very soul of a republic--While this continues, the people
will inevitably possess both power and freedom; when
this is lost, power departs, liberty expires, and a commonwealth will
inevitably assume some other form.
The liberty of the press, trial by jury, the Habeas Corpus writ, even
Magna Charta itself, although justly deemed the palladia of freedom, are
all inferior considerations, when compared with a general distribution
of real property among every class of people.1 The power of entailing
estates is more dangerous to liberty and republican government, than all
the constitutions that can be written on paper, or even than a standing
army. Let the people have property, and they will have power--a power
that will for ever be exerted to prevent a restriction of the press, and
abolition of trial by jury, or the abridgement of any other privilege.
The liberties of America, therefore, and her forms of government, stand
on the broadest basis. Removed from the fears of a foreign invasion and
conquest, they are not exposed to the convulsions that shake other
governments; and the principles of freedom are so general and energetic,
as to exclude the possibility of a change in our republican
constitutions.
But while property is considered as the basis of the
freedom of the American yeomanry, there are other auxiliary supports;
among which is the information of the people. In no country, is
education so general -- in no country, have the body of the people such
a knowledge of the rights of men and the principles of government. This
knowledge, joined with a keen sense of liberty and a watchful jealousy,
will guard our constitutions, and awaken the people to an instantaneous
resistance of encroachments.
1. Montesquieu supposed virtue to be the principle of a
republic. He derived his notions of this form of government, from the
astonishing firmness, courage and patriotism which distinguished the
republics of Greece and Rome. But this virtue consisted in pride,
contempt of strangers and a martial enthusiasm which sometimes displayed
itself in defence of their country. These principles are never
permanent--they decay with refinement, intercourse with other nations
and increase of wealth. No wonder then that these republics declined,
for they were not founded on fixed principles; and hence authors imagine
that republics cannot be durable. None of the celebrated writers on
government seems to have laid sufficient stress on a general possession
of real property in fee-simple. Even the author of the Political
Sketches, in the Museum for the month of September, seems to
have passed it over in silence; although he combats Montesquieu's
system, and to prove it false, enumerates some of the principles which
distinguish our governments from others, and which he supposes
constitutes the support of republics.
The English writers on law and government consider Magna Charta, trial
by juries, the Habeas Corpus act, and the liberty of the press, as the
bulwarks of freedom. All this is well. But in no government of
consequence in Europe, is freedom established on its true and immoveable
foundation. The property is too much accumulated, and the accumulations
too well guarded, to admit the true principle of republics. But
few centuries have elapsed, since the body of the people were vassals.
To such men, the smallest extension of popular privileges, was deemed an
invaluable blessing. Hence the encomiums upon trial by juries, and the
articles just mentioned. But these people have never been able to mount
to the source of liberty, estates in fee, or at least but
partially; they are yet obliged to drink at the streams. Hence the
English jealousy of certain rights, which are guaranteed by acts of
parliament. But in America, and here alone, we have gone at once to the
fountain of liberty, and raised the people to their true
dignity. Let the lands be possessed by the people in fee-simple, let the
fountain be kept pure, and the streams will be pure of course. Our
jealousy of trial by jury, the liberty of the press, &c., is
totally groundless. Such rights are inseparably connected with the power
and dignity of the people, which rest on their property. They
cannot be abridged. All other [free] nations have wrested property
and freedom from barons and tyrants; we begin
our empire with full possession of property and all its attending
rights.
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